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HomeMy WebLinkAboutminutes.council.19940314Regular Meeting Aspen City Council March 14, 1994 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Waggaman, Richards and Reno present. PROCLAMATION - Bill Shorr Mayor Bennett and Council presented Bill Shorr with a proclamation for his years of service and extraordinary insight to the Wheeler Opera House. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Council woman Richards told Council he will be attending the Colorado Association of Ski Towns in Denver April 6 and 7th. Councilwoman Waggaman said there is a Ruedi WAPA meeting March 17th she will not be able to attend if someone else would be able to attend. 2. Councilman Paulson requested Resolution #16, Series of 1994, Opposing Concealed Weapons Legislation. Mayor Bennett said this will be discussed before public hearings. 3. Amy Margerum, city manager, reminded Council they need to schedule some time in the future to meet with the Neighborhood Advisory Committee to talk about pedestrian issues. The NAC agrees with Council's consensus about going ahead with sidewalk improve- ments on Main street this year. Ms. Margerum said if this is all right with Council, staff will go ahead with constructions drawings. Councilwoman Richards said some corners on Main street seem to have bad drainage problems and asked staff look into this. Council agreed with the project. 4. Mayor Bennett suggested reducing the member ship of the Clean Air Advisory Board from 7 to 5. Mayor Bennett told Council he has discussed this informally with one of the County Commission ers, who agreed. 5. Leslie Klusmire, transportation coordinator, said there is a decision makers meeting at the Snowmass Chapel this week. Alignment issues will be discussed. On March 17 there will be a 4 part open house at the Inn at Aspen discussing various transporta- tion issues with CDOT. There has been an ad in the Wall Street Journal requesting vendors for the design of the transit system; there has been a lot of interest from vendors. Councilwoman Waggaman asked if there are some things that can be done soon. Ms. Klusmire said at the next executive committee meeting, they will 1 Regular Meeting Aspen City Council March 14, 1994 come up with a plan. CONSENT CALENDAR Councilman Reno moved to adopt the consent calendar as amended; seconded by Councilwoman Waggaman. The consent calendar is: A . Resolution #13, 1994 - Contract Wagner Equipmen t Motor Grader B . Resolution #14, 1994 - Intergovernmental Agreement - Aspen Fire Protection District All in favor, motion carried. RESOLUTION #16, SERIES OF 1994 - Opposing Concealed Weapons Legislation Tom Stephenson, police chief, told Council there are 3 bills pending before the Colorado Legislature pertaining to permits for concealed weapons. The current laws authorize police chiefs and sheriffs to issue permits to carry concealed weapons. There is a program that takes into account a person's proficiency as well as their understanding of deadly force. These bills would usurp local control. This resolution outlines a number of concerns which are shared by other governments. Stephenson said under the current laws a citizen is allowed to protect their home and vehicle by carrying weapons. Stephenson said the police department is concerned about a proliferation of concealed weapons. This will cause law enforcement officers to react differently to calls. Councilman Paulson said he feels there is a move to take firearms away from people. Stephenson said this is not a move to restrict the sale or possession of weapons. Councilman Reno moved to adopt Resolution #16, Series of 1994; seconded by Councilwoman Richards. All in favor, with the exception of Councilman Paulson. Motion carried. WILLIAMS RANCH CONCEPTUAL PUD Mary Lackner, planning office, told Council this proposed project is 54 units, 16 free market lots and 38 deed restrict ed units. Ms. Lackner showed Council the 3 access points; Spruce street, through the Centennial project, and the Smuggler Mountain road. The free market lots will be on the periphery; the townhomes are on the lower portion. Ms. Lackner told Council this project will require annexation, rezoning to AH, affordable housing, subdivision and PUD, 8040 greenline, special review for parking and open space, and GMQS exemption for all units. Ms. Lackner noted this development is on 13 acres which is being subdivided out of 42 acres and the remaining 29 acres will be 2 Regular Meeting Aspen City Council March 14, 1994 reviewed by the Commissioners for a mine master plan and for future mine and tours of mine operations. Ms. Lackner said staff held a neighborhood meeting in January. Comments from this meeting were summarized for Council. One of the major issues is increased traffic. Ms. Lackner said the 3 access points will disperse traffic to some extent. The estimated increased vehicles trips are between 308 and 466 daily. Ms. Lackner said staff is asking for a traffic analysis to be submitted by the applicant at final submission. Ms. Lackner said there is a lack of usable open space in this neighborhood. Ms. Lackner suggested the townhouse units be set back farther north from Centennial to provide a buffer between the two buildings. Ms. Lackner said in exchange for the Molly Gibson easement, the applicant proposes to improve Molly Gibson park. Ms. Lackner said this proposal is for higher density than the surround- ing county lands; however, it is less dense than Centennial. The existing Smuggler Mountain mine is listed on the National Register of Historic Places. The boundary of the mine is within 30 feet of some of the free market lots. Staff is asking that the applicant go to the HPC for their comments. Ms. Lackner said P & Z discussed whether the city should look at the entire property for annexation rather than just the 14 acres. Ms. Lackner pointed out the rest of the property is in the OU1 superfund boundary and the city should not get involved in that. Staff and P & Z recommend approval with conditions listed. The applicant has adequately addressed the requirement of the code. Gary Wright, representing the applicant, told Council the site is in "Operable Unit 2", which has not been finally defined but is a study area. Wright said the negotiations with EPA are at a point where they will probably enter into an administrative order of consent which will state that the area for Williams Ranch has been tested and determined to be clean. The area that will stay in the county has some very high lead levels. Tom Stephens, representing the applicant, told Council the density is relatively low. Stephens reminded Council the Aspen Area Community Plan has identified a shortfall of 600 employee units. The AACP identified this 12.78 acre parcel as prime land for affordable housing in a medium to low density, family oriented project. Stephens said the developer of this project has not requested any money from the city or county for development. Stephens said Council should look at the effects of the density on the surrounding infrastructure and amenities of the surrounding area. Stephens said there is no way to get around not adding traffic to the area. The designers have tried to disburse the auto 3 Regular Meeting Aspen City Council March 14, 1994 traffic as much as possible with 3 different access points into the project. Stephens said this area needs open space and parks. The project has 2 open spaces within it. The outside proposed open space is to develop Molly Gibson park into an active park. Stephens said the applicants request a fee waiver of the park dedication fee as the applicants are offering the county a repository site on the Smuggler Mine property for their contami- nated soil. There is a 600 foot stretch of road that crosses the upper portion of the Smuggler Mine property for which the appli- cants will grant an easement. There will also be the costs of develop ment the Molly Gibson into an active park. Stephens said the costs for these are $250,000. The applicant requests a waiver of the $165,000 park dedication fee. Stephens said the applicants also request a waiver of water tap fees of $141,000 out of a total tap fees of $600,000. Stephens said the waiver request is only for the category 2 units. The applicants are looking at upgrades for the category 2 units that would reduce the monthly operating costs. Some of these would be gas-charged heat, increased insulation, wood clad windows. Stephens said for every dollar tap fee waived, the applicants will put in a dollar of upgrade energy efficient specifications. Stephens said the applicants will look at increasing the open space on the property; however, when land is taken away from development, the project will either get more dense or will go up in height. Stephens reiterated the applicants are not asking for any height variances with this proposed design. Stephens pointed out a large part of this project is planned on being resident occupied or category 5 units. Stephens said the applicants realize this category is not adopted yet; the applicants feel adoption of a resident occupied zone will do a lot for the community. Stephens said this project is being developed for the benefit of long time residents. The project fits the housing goals of the Aspen Area Community Plan and is on a site identified in the AACP. The project is comparatively low density; however, it is growth and it does have impacts. Mayor Bennett opened the public hearing. Fred Soika, Centennial, pointed out the townhouses are very close to the Centennial units and asked if the townhouses could be moved north. Diane Rutger, Spring street, said the city needs to look carefully at the traffic impacts. The traffic in this area is unbelievable. Lisa Markalunas supports the Williams ranch project; it is less dense that the surrounding projects. Hal Clifford, Centennial, said he is encouraged by the way the project is going; however, he does not favor a height variance. Jay Parker said as 4 Regular Meeting Aspen City Council March 14, 1994 along time resident, he would like to be able to move back to Aspen. Tom Lands, Centennial, said he, too, would like to see the townhouse moved away from Centennial. Vicki Brooks said she is encouraged by the interest the developer is showing in looking at the problems of the neighborhood and how to try and solve them. Richard Klein, Centennial, said he feels this is a good place for another development; however, he is concerned about the impact of more people in this area. Kristin George said she sees this development as a last chance to buy a residence in Aspen. Jim Curtis urged Council to do a site visit. Curtis said the city may have to make a commitment for parks and recreation development as part of this approval. Sandra Kenner, Centennial, also stressed moving the townhouse units away from Centennial. Ed Cross said this project will be very beneficial for long term residents. Lisa Amidor Dimento said the more affordable housing projects there are, the more chances there are for employees to say at this end of the valley. Helen Palmer said this project is worthy of the city's support. The development team has been willing to discuss concerns that have been brought up. Mayor Bennett closed the public hearing. Mayor Bennett agreed the Council should have a site visit with representatives of the applicant and any interested neighbors. Councilwoman Richards asked the maximum floor area ratio for the free market units. Stephens said the lots are 17,000 square feet, the maximum FAR in the AH zone is 3600 square feet and a 400 square foot garage. Stephens said there are 6 duplex buildings; the applicants are looking at changing these to single family struc- tures. Councilman Reno noted over 1/3 of this project is resident occupied; however, the Council has not finalized anything to do with resident occupied units. Councilman Reno questioned this project going forward without knowing what the guidelines for RO will be. Stephens said the developer is completely at risk on this issue. Stephens said the developer has a clear idea of who they are trying to house in resident occupied units. Stephens told Council they have a deadline on their purchase agreement. Council- woman Richards said Council has had only two work session on resident occupied units. Wright said the city may need to separate their resident occupied criteria from the county's criteria as there seem to be different needs. Councilman Paulson said he would like to see the free market units mixed in with the deed restricted units rather than segregated. 5 Regular Meeting Aspen City Council March 14, 1994 Stephens said the less expensive places to build are on the flat sections; the free market lots are on more inclined slopes. The site is divided. Councilwoman Richards said she is concerned about the proximity of the mine and its operations, and perhaps an EPA clean up of that operation and the effect on the residents. Councilwoman Richards said she wants to see the Molly Gibson park developed and enlarged, if possible. Councilwoman Richards said she likes the water tap fee wavier as long as the monies go directly to the project or to the purchaser of the units. Councilwoman Richards said she feels it is important to keep as much open space in the area as possible. Councilwoman Richards said Council needs to get some finality to the RO issue. Council- woman Richards said the suggestion to break up the roof line on the town homes is a valuable one. Councilwoman Waggaman said she feels this project is very dense. Councilwoman Waggaman said she would considering subsidizing part of this project rather than having a project no one is happy with. Councilwoman Waggaman noted she does not like the access through Centennial. Councilwoman Waggaman said height variances will only make this project more urban. Councilman Reno agreed with the comments on open space. Councilman Reno said he feels the resident occupied issue needs to be solved before this project goes forward. Councilman Reno suggested the applicant look at limiting the number of cars at the project. Councilman Reno said the zoning code requires one parking space per bedroom. That may be encouraging people to have cars. Stephens said the applicants proposed 1.5 parking spaces per town house plus 3 guest spaces. The P & Z did not agree with this approach. Councilman Reno noted affordable housing is growth and they should pay for the water tap fees. Councilman Reno said he might consider a reduction but not a waiver. Councilman Reno said he would favor the park dedication fee waiver if the developer put the money back into the park on site. Councilman Paulson reiterated 3600 square feet is too large for the free market houses. These units will sit empty most of the year and will use electricity. Mayor Bennett said this is an effort to provide affordable housing and keep employees in the valley versus the issue of growth and how urban do people want Aspen to become. The issues of traffic, air pollution and congestion are bothering Council. Mayor Bennett brought up master planning the entire 53 acre parcel with the county. Mayor Bennett said Council should be address some expenditure of city funds to help with density and parks and recreation. Mayor Bennett suggested this discussion be continued until after Council has had a chance to do a site visit. Councilman Reno moved to continue the Williams Ranch PUD to April 6 Regular Meeting Aspen City Council March 14, 1994 11; seconded by Councilwoman Richards. All in favor, motion carried. 7 Regular Meeting Aspen City Council March 14, 1994 ORDINANCE #66, SERIES OF 1993 - Aspen Country Day School Water Agreement Bob Gish, public works director, told Council the Aspen Country Day School is building a new building. They are taking down some modular units. The city has an agreement with M.A.A. for this area and staff felt this required a water service agreement with ACDS. Gish pointed out all the conditions of the water policy will be met; the water tap fees will be paid. Joe Wells, representing the applicant, pointed out page 2 of the agreement addresses looping the system. Wells said the applicants do not anticipate being asked to loop the water system. Wells reminded Council both parties are non-profit entities. Gish agreed this should be eliminated. Wells noted on page 5 there is a bonding requirement. The cost of this installation is $1400. Wells said the applicants would rather give the city a check for $1400 to hold. Council agreed. Wells said on page 11 easements are discussed. The existing main is already within a previously dedicated easement and the city does not require an easement for this project. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilman Reno moved to adopt Ordinance #66, Series of 1993, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Richards, yes; Paulson, yes; Reno, yes; Waggman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #5, SERIES OF 1994 - Assessment Roll Pitkin Mesa Improvement District John Worcester, city attorney, reminded Council at the last meeting they sat as the Board of Equalization and held a public hearing to determine if anyone had objections to the assessment roll. Council then passed the assessment roll on first reading. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #5, Series of 1994, on second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Reno, yes; Waggaman, yes; Paulson, yes; Richards, yes; Mayor Bennett, yes. Motion carried. 8 Regular Meeting Aspen City Council March 14, 1994 ORDINANCE #6, SERIES OF 1994 - Accept Dedication Right-of-Way Pitkin Mesa Drive Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #6, Series of 1994, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Reno, yes; Richards, yes; Mayor Bennett, yes. Motion carried. KRAUT PROJECT UPDATE Jim Curtis, housing authority board, told Council the project team is working on drawings and hopes to go out to bid in early April, select the contractor in mid-April, and break ground this summer. Curtis said the main issue is construction phasing. Curtis said if Council is interested in maintaining the phasing flexibility, not knowing what will happen with the superblock, and assuming construction in the summer of 1994, there will be some costs to accomplish this. Curtis said if the project team selects a contract and then Council wants to retain the phasing option, the staff would do a negotiated phase contract. Curtis asked Council if they wish to retain the flexibility to phase, and if they want to be under construction this summer. If Council chooses to retain the phasing flexibility, there will be some additional up front costs of $7500 to $15,000. Curtis said in the past Council has felt the housing/day care fund should not pay these type of costs. These costs are an accommodation to City Market and the superblock to meet their needs. Council agreed to maintain the construction phasing option. This will fit in well with the proposed timeline. Council will then evaluate where they are in mid-May. Council agreed the want to maintain a mid-July 1994 grounding breaking date. The issue of who will pay for the additional upfront architectural costs can be discussed at the two half-day work sessions scheduled for April 9 and 15. Curtis said if the city gets a construction loan, it will be outstanding up to 36 months. Curtis said a lease-purchase construction loan may be able to be approved by an annual appropri- ation rather than going to the voters for approval. Council agreed to have staff initiate this. Curtis asked if Council wants to transfer ownership of the Kraut property to the housing authority. Amy Margerum, city manager, said staff recommends this to reduce paperwork and bureaucracy. Council agreed and asked staff to draw 9 Regular Meeting Aspen City Council March 14, 1994 up the appropriate paperwork. ORDINANCE #7, SERIES OF 1994 - Appropriations/Carry Forward Councilwoman Waggaman moved to read Ordinance #7, Series of 1994; seconded by Councilman Reno. All in favor, motion carried. ORDINANCE #7 (Series of 1994) AN ORDINANCE APPROPRIATING GENERAL FUND EXPENDITURES OF $642,778; APPROPRIATING PARKS & OPEN SPACE FUND EXPENDI- TURES OF $239,214; RECOGNIZING WHEELER FUND REVENUE OF $26,500; APPROPRIATING WHEELER FUND EXPENDITURES OF $23,106; APPROPRIATING PARKING IMPROVEMENT FUND EXPENDI- TURES OF $7,750; APPROPRIATING HOUSING/DAYCARE FUND EXPENDITURES OF $2,910; APPROPRIATING IMPROVEMENT DISTRICT FUND EXPENDITURES OF $587,400; APPROPRIATING RED BRICK SCHOOL FUND EXPENDITURES OF $1,006,182; APPROPRIAT ING CITY SHOP FUND EXPENDITURES OF $1,418,566; RECOGNIZ ING WATER FUND REVENUE OF $45,200; APPROPRIATING WATER FUND EXPENSES OF $131,226; RECOGNIZING ELECTRIC FUND REVENUE OF $15,000; APPROPRIATING ELECTRIC FUND EXPENSES OF $22,780; APPROPRIATING TRANSPORTATION/PARKING FUND EXPENSES OF $266,048; APPROPRIATING GOLF COURSE FUND EXPENSES OF $100 was read by the city clerk Rob Umbreit, budget director, told Council this appropriation ordinance contains carry forwards from 1993 which do not have a financial impact. These are projects which were not completed in 1993. This ordinance also contains some new items; $5200 for intercept lot land use application fees; water expense of $8700 for chlorine safety equipment; electric $6500 to repair the sloped driveway. There are some other items moving expenditures between departments and revenues of off set expenses. Councilman Reno moved to adopt Ordinance #7, Series of 1994, on first reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Paulson, yes; Richards, yes; Reno, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #8, SERIES OF 1994 - Amending Liquor License Authority Councilwoman Richards moved to read Ordinance #8, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #8 10 Regular Meeting Aspen City Council March 14, 1994 (Series of 1994) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 4-4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN RELATING TO THE COMPOSITION, ORGANIZATION, POWER AND ADMINISTRATION OF THE ASPEN LIQUOR LICENSING AUTHORITY; SETTING A DURATIONAL LIMIT ON THE EFFECTIVE DATE OF THESE AMENDMENTS; AND TO ADD SECTION 4-28 TO THE CODE TO REQUIRE LICENSEES TO REPORT ALL DISTURBANCES ON LICENSED PREMISES TO THE ASPEN POLICE DEPARTMENT was read by the city clerk John Worcester, city attorney, said this ordinance should reflect the decisions made at the work session in February. The Authority will consist of 3 members, residents of the city, serving overlap- ping 2 year terms, no financial interest in a liquor license. The ordinance states the Authority shall file an annual report with Council. Appeals of denial of new licenses shall be filed with Council; all other appeals go to district Court. This Authority has a review clause of December 1996. Council requested the Authority be expanded to 5 members. Councilwoman Richards suggested staff proceed with advertising for members and that they also prepare a manual for the new members. Mayor Bennett requested the ordinance be amended to include a mission statement or philosophy. Council agreed. Councilman Reno moved to adopt Ordinance #8, Series of 1994, with the amendments of increasing it to 5 members and to add the section on philosophy for second reading; seconded by Councilwoman Richards. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, no; Reno, yes; Mayor Bennett, yes. Motion carried. Councilwoman Richards moved to adjourn at 8:50 p.m.; seconded by Councilwoman Waggaman. All in favor, motion carried. Kathryn S. Koch, City Clerk 11 Regular Meeting Aspen City Council March 14, 1994 PROCLAMATION - Bill Shorr 1 ................................ ...... CITIZEN COMMENTS 1 ................................ ............... COUNCILMEMBER COMMENTS 1 ................................ ......... CONSENT CALENDAR 2 ................................ ............... RESOLUTION #16, SERIES OF 1994 - Opposing Concealed Weapons Legislation 2 ................................ ............... WILLIAMS RANCH CONCEPTUAL PUD 2 ................................ .. ORDINANCE #66, SERIES OF 1993 - Aspen Country Day School Water Agreement 7 ................................ ................. ORDINANCE #5, SERIES OF 1994 - Assessment Roll Pitkin Mesa Improvement District 7 ................................ ...... ORDINANCE #6, SERIES OF 1994 - Accept Dedication Right-of-Way Pitkin Mesa Drive 8 ................................ ......... KRAUT PROJECT UPDATE 8 ................................ ........... ORDINANCE #7, SERIES OF 1994 - Appropriations/Carry Forward 9 .... ORDINANCE #8, SERIES OF 1994 - Amending Liquor License Authority 9 ................................ ................. 12